Conceptual foundation of human rights: Legal and sociological

underpinnings.
Introduction:
Human rights, as a concept, are deeply rooted in both foundations of human rights are multifaceted,
encompassing legal doctrines and principles as well as sociological theories and cultural considerations
legal and sociological underpinnings (Foundation). These elements form a comprehensive understanding
of human rights, guide both their articulation and realization globally.

Human rights are fundamental principles that recognize the inherent dignity and worth of all individuals,
entitling them to certain freedoms, protections, and entitlements. Rooted in philosophical, religious, and
legal traditions, human rights serve as universal standards for promoting justice, equality, and dignity in
society. The conceptual foundation of human rights encompasses both legal frameworks, which codify
rights and obligations, and sociological underpinnings, which examine the social, cultural, and historical
contexts that shape the realization of rights in practice.

Meaning of underpinnings:
The term "underpinnings" refers to the foundational ideas, principles, or structures that support or form
the basis of a concept, theory, or system.

In a broader sense, underpinnings are the fundamental elements that provide stability, strength, and
justification for a particular entity or idea.

• In the context of academic or theoretical discussions, underpinnings often relate to the essential
assumptions, beliefs, or arguments that underpin a particular theory or viewpoint arguments.

Legal underpinnings of human rights:

The legal underpinnings of human rights provide the framework for their protection and enforcement.

They consist primarily of international law, but also include domestic laws and constitutions.

Natural Law Theory

• Natural law theory posits that human rights are inherent and universal, derived from a higher moral
order or natural order.

• These rights are considered inalienable and not contingent upon laws or customs of any particular
culture or government. and
• According to this theory, natural law is more important than positive law that is frame and enacted by
man. The principle upon which the concept of natural law is based is equality.

Natural Law provides the philosophical foundation for the belief that human rights are inherent.

Example of Natural Law Theory

• Imagine a situation where a person is living in a country where there is no law protecting free speech.

• According to Natural Law Theory, this person still has the right to speak freely because free speech is
considered a fundamental human right that everyone possesses simply

because they are human and even if the government doesn't recognize this right, it's believed to exist
naturally.

Positive law :
Emerging from legal positivism, which emphasizes the importance of man-made laws.

Positive law refers to laws created and enforced by a political sovereign or state.

• It is distinct from natural law, which posits inherent rights existing independently of government.

• Human Rights are enforceable only when and protected by recognized international legal instruments.
the state or

Positive Law Example Consider a country where the government has passed a law (positive law) that
specifically guarantees the right to free speech.

This law is written down and enforced by the government, meaning people in that count have the legal
right to speak freely because the law grants them that right.

Human rights are codified in international treaties, conventions, and customary international law.
• States have obligations to protect, respect, and fulfill these rights, with mechanisms in place for
international oversight and accountability.

The Universal Declaration of Human Rights (1948), International Covenants on Civil and Political Rights
and Economic, Social and Cultural Rights (1966), among others.

Constitutional Law

Many countries enshrine human rights within their constitutions, providing a legal framework for their
protection and enforcement at the national level.

Constitutional rights provide a legal basis for challenging violations and offer mechanism redress within
the domestic legal system.

Example: Article 8 to 28 of Constitution of Pakistan.

THE sociological underpinnings of human rights:

The sociological foundation of human rights examines the social, cultural, and historical contexts that
influence the realization of rights in practice, including power dynamics, social inequalities, and cultural
norms. Sociological perspectives highlight the role of social structures, institutions, and discourses in
shaping individuals' experience Some Examples of Sociological Foundation of Human Rights.

Social Contract Theory

• Social contract theory posits that individuals give up certain freedoms in exchange for the benefits of
living in a structured society.

Rights are understood as arising from the needs and agreements of individuals in a society, rather than
from divine or natural law.

• When individuals agree to live in a society, they often accept that some of their actions will be
regulated by laws to ensure overall harmony and order.
• In return, the government must protect essential rights, such as free speech, because these rights are
seen as crucial for the exercise of personal liberty and democracy .

ii. Social Justice Movements such as civil rights, women's rights, LGBTQ+ rights, and indigenous rights
highlight the sociological understanding of systemic injustices and advocate for the recognition and
protection of marginalized groups' rights.

Cultural Relativism
• Cultural Relativism is the concept that moral and ethical standards are culturally determined and thus
vary from one society to another.

• This perspective challenges the notion of universal human rights by suggesting that what is considered
a "right" might differ depending on cultural context.

Example of Cultural Relativism in Human Rights

Western Perspective Gender equality is seen as a universal human right, including equal opportunities in
jobs and education.

Different Cultural Perspectives

In some cultures, traditional gender roles are deeply ingrained.

For example, certain societies might have cult Subtitles/closed captions specific roles and restrictions
based on gender which may not align with Western views on gender equality. Power Relations and
Social Justice

• Sociological perspectives often emphasize the role of power dynamics in the recognition and
enforcement of rights.

• This includes examining how marginalized groups may be denied rights due to systemic inequalities.

Human rights advocacy often involves addressing social justice issues, including economic inequality,
discrimination, and access to resources and opportunities.
Example Access to Clean Water

• Power Dynamics: Wealthy areas often have better access to clean water, while poorer neighborhoods
may struggle with contamination or lack of access.

• Marginalized Groups: Communities in low-income areas may face health risks due to inadequate water
infrastructure.

Globalization and Transnationalism

Global interconnectedness influences the understanding and implementation of human rights, with
issues like migration, international trade, and transnational advocacy playing significant roles.

• Globalization and transnationalism affect human rights by connecting issues across borders, requiring
international cooperation to address challenges like migration and global trade impacts.

Example of Refugee Crisis

Globalization has led to increased migration due to conflict and economic instability.

Addressing refugee rights requires international cooperation to ensure humane treatment,

Conclusion
The conceptual foundation of human rights encompasses both legal and sociological dimensions,
recognizing the importance of legal frameworks, institutional mechanisms, and social dynamics in
realizing the full spectrum of rights for all individuals and communities. A holistic approach to human.

rights require addressing underlying structural inequalities, challenging intersecting forms of

discrimination, and promoting inclusive, participatory processes that empower marginalized groups and
advance social justice and human dignity for all.